Virginia Quick Reference Chart Immigration Impact
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IMMIGRATION CONSEQUENCES OF SELECTED VIRGINIA STATUTES by Mary Holper October 2007 Offense CIMT CRIMES AGAINST THE PERSON 18.2-32 Yes Murder 18.2-35 Yes Voluntary manslaughter 18.2-36 Yes Involuntary manslaughter 18.2-36.1(A) No Vehicular manslaughter 18.2-36.1(B) Vehicular manslaughter Yes Aggravated felony Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Yes, under (A) Yes, under (F) if sentence imposed is at least one year No Keep sentence under one year; Plead to 18.2-36 No Yes, if record of conviction shows driving under the influence of a controlled substance No Yes, if record of conviction shows driving under the influence of a controlled substance “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep reference to driving under the influence of a controlled substance out of record of conviction Keep reference to driving under the influence of a controlled substance out of record of conviction; Plead to 18.2-36.1(A) 1 Offense 18.2-41 Wounding my mob CIMT Yes 18.2-42 Assault and battery by mob Probably not 18.2-46.3(A) Recruitment of persons for criminal street gang 18.2-46.3(B) Recruitment of persons for criminal street gang 18.2-47 (misdemeanor) Abduction and kidnapping 18.2-47 (felony) Abduction and kidnapping Probably not Aggravated felony Yes, under (F) if sentence imposed is at least one year Yes, under (E) if record of conviction shows shooting firearm Possibly, under (F) if sentence imposed is at least one year No Probably Yes, under (F) if sentence imposed is at least one year Probably Probably not Yes Probably, under (F) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if record of conviction shows wounding by firearm and firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; keep reference to firearm out of record of conviction Keep sentence under one year Keep sentence under one year; Plead to 18.246.3(A) Keep sentence under one year; Plead to misdemeanor 2 Offense CIMT 18.2-49 Threatening, attempting or assisting in abduction Yes 18.2-49.1 Violation of court order regarding custody and visitation Probably not 18.2-51 Unlawful or malicious wounding Yes Aggravated felony Yes, under (H) if for ransom; Yes, under (F) if sentence imposed is at least one year; Yes, under (K) if abduction for purposes of prostitution and committed for commercial advantage Probably not Probably, under (F), if sentence imposed is at least one year; Yes, under (E) if record of conviction shows defendant shot firearm Crime relating to a controlled substance Other immigration consequences Yes, violation of restraining order if defendant violates portion that protects victim against threats of harassment, violence, or injury Yes, firearms offense if record of conviction shows defendant shot firearm and firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep reference to firearm out of record of conviction 3 Offense CIMT 18.2-51.2 Aggrava ted malicious wounding Yes 18.2-51.3 Reckless endangerment 18.2-55.1 Hazing of youth gang members (reckless act) 18.2-55.1 Hazing of youth gang members (intentional act) 18.2-57(A) Assault and battery Probably Aggravated felony Yes, under (F) if sentence imposed is at least one year; Yes, under (E) if record of conviction shows defendant shot firearm Probably not No No Yes Probably, under (F) if sentence imposed is at least one year Possibly, under (F) if sentence imposed is at least one year No Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if record of conviction shows defendant shot firearm and firearm meets federal definition Yes, domestic violence offense if immigration court finds crime of violence and facts show domestic “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep reference to firearm out of record of conviction Keep sentence under one year; Plead to reckless conduct This offense is always charged as aggravated felony crime of violence, so keep sentence under one year 4 Offense CIMT 18.2-57(C) Assault and battery on police officer Yes 18.2-57.2 Assault and battery on a family member Probably not Possibly, under (F) if sentence imposed is at least one year Yes, domestic violence offense if immigration court determines that it is a crime of violence Yes Yes, under (G) and probably (F) if sentence imposed is at least one year Yes, firearms offense if record of conviction shows defendant used firearm and firearm meets federal definition 18.2-58 Robbery Aggravated felony Possibly, under (F) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips This offense is always charged as aggravated felony crime of violence, so keep sentence under one year This offense is always charged as aggravated felony crime of violence, so keep sentence under one year; This offense will probably be charged as CIMT if record of conviction shows injury to victim Keep sentence under one year; Keep reference to firearm out of record of conviction 5 Offense 18.2-58.1 Carjacking 18.2-59 Extorting money by threats 18.2-60 Felony threats 18.2-60 Misdemeanor threats 18.2-60.3 Stalking CIMT Probably Yes Probably Probably not Probably Aggravated felony Yes, under (F) and (G) if sentence imposed is at least one year Yes, under (H); Possibly under (F) if sentence imposed is at least one year Probably, under (F) if sentence imposed is at least one year Probably, under (F) if sentence imposed is at least one year Probably, under (F) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if record of conviction shows defendant used firearm and firearm meets federal definition Alternate pleas and practice tips Keep sentence under one year; Keep reference to firearm out of record of conviction Keep sentence under one year; Plead to misdemeanor Keep sentence under one year Yes, stalking offense “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep sentence under one year 6 Offense CIMT 18.2-60.4 Violation of protective order No Aggravated felony No 16.1-253.2 Misdemeanor violation of provisions of protective orders No No Yes, if causation of injury; Yes, if record of conviction shows breaking and entering home with intent to commit CIMT Probably, under (F) if sentence imposed is at least one year 16.1-253.2 Felony violation of provisions of protective orders Crime relating to a controlled substance Other immigration consequences Yes, violation of restraining order if defendant violates portion that protects victim against threats of harassment, violence, or injury Yes, violation of restraining order if defendant violates portion that protects victim against threats of harassment, violence, or injury Yes, violation of restraining order if defendant violates portion that protects victim against threats of harassment, violence, or injury; Yes, domestic violence offense if immigration court finds crime of violence “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Plead to misdemeanor 7 Offense CIMT 18.2-61 Rape Yes 18.2-63 Carnal knowledge Yes 18.2-67.1 Forcible sodomy against child Yes 18.2-67.1 Forcible sodomy against adult 18.2-67.2 Object sexual penetration against child 18.2.-67.2 Object sexual penetration against adult 18.2-67.3 Aggravated sexual battery against child Yes Yes Yes Yes Aggravated felony Yes, under (A); Yes, under (F) if sentence imposed is at least one year Yes, under (A); Yes, under (F) if sentence imposed is at least one year Yes, under (A); Yes, under (F) if sentence imposed is at least one year Yes, under (F) if sentence imposed is at least one year Yes, under (A); Yes, under (F) if sentence imposed is at least one year Yes, under (F) if sentence imposed is at least one year Yes, under (A); Yes, under (F) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Yes, child abuse offense Keep sentence under one year Yes, child abuse offense Keep sentence under one year Yes, child abuse offense “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 8 Offense CIMT 18.2-67.3 Aggravated sexual battery against adult 18.2-67.4 Sexual battery against child Yes 18.2-67.4 Sexual battery against adult Yes Yes 18.2-67.5 Yes Attempted rape, etc. CRIMES INVOLVING FIREARMS 18.2-53 Yes Shooting, etc., in attempt or commission of a felony Aggravated felony Yes, under (F) if sentence imposed is at least one year Yes, under (A); Yes, under (F) if sentence imposed is at least one year Probably not if sexual abuse committed by ruse; other offenses yes under (F) if sentence imposed is at least one year Yes Yes, under (F) if sentence imposed is at least one year; Yes, under (E) if record of conviction shows defendant shot firearm Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Keep sentence under one year Yes, child abuse offense Plead to sexual abuse by ruse; Keep sentence under one year because this offense will be charged as aggravated felony crime of violence Yes, firearms offense if record of conviction shows defendant shot firearm and firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep sentence under one year; Keep reference to firearm out of record of conviction 9 Offense CIMT 18.2-53.1 Use of firearm in commission of felony Yes 18.2-53.1 Display of firearm in commission of felony 18.2-56.1 Reckless handling of firearm Probably No Aggravated felony Yes, under (F) if sentence imposed is at least one year; Yes, under (E) if record of conviction shows defendant shot firearm Yes, under (F) if sentence imposed is at least one year No 18.2-56.2(A) Recklessly leaving unsecured firearms around juveniles 18.2-56.2(B) Knowingly authorizing child to use firearm 18.2-154 Malicious shooting at or throwing missiles, etc., at train, car, vessel No No Probably No Yes Probably, under (E); Yes, under (F) if sentence is at least one year Crime relating to a controlled substance Other immigration consequences Yes, firearms offense Alternate pleas and practice tips Keep sentence under one year; Keep reference to defendant shooting firearm out of record of conviction Yes, firearms offense Keep sentence under one year Yes, firearms offense if firearm if firearm meets federal definition Probably firearms offense if firearm meets federal definition Probably firearms offense if firearm meets federal definition Yes, firearms offense if firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Plead to 18.256.2(A) 10 Offense CIMT 18.2-154 Unlawful shooting at or throwing missiles, etc., at train, car, vessel 18.2-279 Maliciously or willfully discharging firearms or missiles within or at building or dwelling house 18.2-279 Unlawfully discharging firearms or missiles within or at building or dwelling house 18.2-280 Willfully discharging firearms in public places Probably not 18.2-282 Pointing, holding or brandishing firearm Probably not Aggravated felony Probably, under (E) Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if firearm meets federal definition Probably Probably, under (E); Yes, under (F) if sentence imposed is at least one year Yes, firearms offense if firearm meets federal definition Probably not Probably, under (E); Yes, under (F) if sentence imposed is at least one year Yes, firearms offense if firearm meets federal definition Probably Probably, under (E); Probably, under (F) if sentence imposed is at least one year Probably, under (F) if sentence imposed is at least one year Yes, firearms offense if firearm meets federal definition Yes, firearms offense if firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year 11 Offense CIMT Aggravated felony Probably not Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if firearm meets federal definition Yes, firearms offense Alternate pleas and practice tips Plead to nonfirearm weapon 18.2-286 Shooting in or across road or street Probably not 18.2-286.1 Shooting from vehicle so as to endanger persons Yes 18.2-287.4 Carrying loaded firearm in public areas 18.2-300 Possession of sawedoff shotgun for any purpose 18.2-300 Possession of sawedoff shotgun in crime of violence Probably not Probably, under (E); Yes, under (F) if sentence imposed is at least one year No No No Yes, firearms offense Probably Yes, under (F) for underlying crime of violence if sentence imposed is at least one year Probably, under (E); Probably, under (F) if sentence imposed is at least one year Yes, firearms offense Plead to possession for any purpose Yes, firearms offense Plead to possession for any purpose 18.2-300 Use of sawed-off shotgun Yes Yes, firearms offense “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 12 Offense CIMT 18.2-308 Carrying concealed weapon Probably not Aggravated felony No 18.2-308.2:01 Possession or transportation of certain firearms by certain persons 18.2-308.2:1 Sale, etc., of firearms to certain persons Probably not Yes, under (E) No No CRIMES AGAINST PROPERTY 18.2-77 Yes Arson 18.2-89 Burglary Yes, if record of conviction shows burglary with intent to commit CIMT Yes, under (F) if sentence imposed is at least one year Yes, under (F) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if firearm meets federal definition Yes, firearms offense Alternate pleas and practice tips Plead to nonfirearm weapon Plead to 18.2-308 Yes, firearms offense if firearm meets federal definition Keep sentence under one year Yes, firearms offense if defendant armed with firearm described in federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep sentence under one year; Keep intent to commit CIMT (i.e. larceny) and firearm out of record of conviction 13 Offense CIMT 18.2-90 Breaking and entering with intent to commit murder, rape, robbery, or arson Yes Aggravated felony Yes, under (F) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if defendant armed with firearm described in federal definition 18.2-91 Statutory burglary Yes, if record of conviction shows burglary with intent to commit CIMT Yes, under (F) if sentence imposed is at least one year Yes, firearms offense if defendant armed with firearm described in federal definition 18.2-92 Breaking and entering dwelling house with intent to commit other misdemeanor Yes, if record of conviction shows burglary with intent to commit CIMT Yes, under (F) if sentence imposed is at least one year Yes, firearms offense if defendant armed with firearm described in federal definition 18.2-94 Possession of burglary tools Possibly, if record of conviction shows possession with intent to use in CIMT burglary Possibly, under (G) and (U) if sentence is at least one year “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep intent to commit CIMT (i.e. larceny) and firearm out of record of conviction Keep sentence under one year; Keep intent to commit CIMT (i.e. larceny) and firearm out of record of conviction Keep sentence under one year; Keep intent to commit CIMT (i.e. larceny) and firearm out of record of conviction Keep sentence under one year 14 Offense CIMT 18.2-95 Grand larceny Yes 18.2-96 Petty larceny Yes 18.2-96.1 Identification of certain personalty 18.2-98 Larceny of bank notes, checks, etc. 18.2-102 Unauthorized use of animal, aircraft, vehicle, or boat 18.2-103 Concealing or taking possession of stolen merchandise 18.2-103 Altering price tags or switching containers Possibly Yes No Yes Yes Aggravated felony Yes, under (G) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year Possibly, under (G) and (U) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year Yes, under (G) or (F) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Probably not “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year Keep sentence under one year Keep sentence under one year Keep sentence under one year Keep sentence under one year Keep sentence under one year This offense will likely be charged as a an aggravated felony theft offense, so keep sentence under one year 15 Offense CIMT 18.2-105.2 Manufacture or sale of devices to shield against electronic detection of shoplifting 18.2-107 Theft of public records by others than officers 18.2-107 Fraudulently secrete or destroy public record 18.2-108 Receiving stolen goods 18.2-108.1 Receipt of stolen firearm Probably 18.2-108.01 Larceny with intent to sell or distribute 18.2-108.01 Larceny with intent to sell or distribute property that defendant should have known was stolen Yes Yes Yes Yes Yes Possibly not Aggravated felony Possibly, under (G) and (U) if sentence imposed is at least one year Yes, under (G), if sentence imposed is at least one year Yes, under (M), if loss to victim exceeds $10,000 Yes, under (G) if sentence imposed is at least one year Yes, under (E); Yes, under (G) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Keep sentence under one year Keep sentence under one year Keep loss to victim under $10,000 Keep sentence under one year Yes, firearms offense if firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep sentence under one year Keep sentence under one year 16 Offense 18.2-109 Receipt or transfer of possession of stolen vehicle, aircraft, boat 18.2-109 Receipt or transfer of possession of stolen vehicle, aircraft, boat which defendant should have known was stolen 18.2-111 Embezzlement 18.2-119 Trespass after having been forbidden to do so CIMT Yes Aggravated felony Yes, under (G) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Keep sentence under one year Possibly not Yes, under (G) if sentence imposed is at least one year Keep sentence under one year Yes Yes, under (G) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 No Keep sentence under one year; Keep loss to victim under $10,000 Possibly, if record of conviction shows that defendant trespassed with intent to commit CIMT “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep intent to commit CIMT (i.e. larceny) out of record of conviction 17 Offense 18.2-121 Entering property of another for purposes of damaging it 18.2-134 Trespass on posted property 18.2-137(A) Unlawful destruction of property 18.2-137(B) Misdemeanor intentional destruction of property 18.2-137(B) Intentional destruction of property CIMT Probably, if record of conviction shows that defendant entered property of another with intent to commit CIMT (i.e. intentional destruction of property) Probably not Aggravated felony Probably, under (G) if record of conviction shows defendant unlawfully entered structure and sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences No No No Probably Probably not Probably Probably, under (F) if sentence imposed is at least one year “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep record of conviction clear of unlawful entry; Keep sentence under one year Keep intent to commit CIMT (i.e. larceny) out of record of conviction Plead to misdemeanor unlawful destruction of property Plead to misdemeanor unlawful destruction of property; Keep sentence under one year 18 Offense CIMT 18.2-138 Misdemeanor damaging public buildings or book, etc.; Felony damaging books, etc. 18.2-138 Felony damaging public buildings Yes 18.2-146 Tampering with vehicle 18.2-147 Entering or setting a vehicle in motion Yes Probably Yes, if record of conviction shows that defendant entered vehicle with intent to commit CIMT (i.e. intentional destruction of property) Aggravated felony Probably not Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Probably, under (F) if sentence imposed is at least one year Probably not Plead to misdemeanor; Keep sentence under one year No Keep any reference to intent to commit CIMT out of record of conviction “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 19 Offense CIMT 18.2-147.1 Breaking and entering railroad cars, etc. Yes, if record of conviction shows that defendant entered vehicle with intent to commit CIMT (i.e. intentional destruction of property) Yes 18.2-152 Misdemeanor stealing from or tampering with parking meter, etc. 18.2-152 Felony stealing from or tampering with parking meter, etc. 18.2-152.3 Computer Fraud Yes Yes Aggravated felony Probably, under (G) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Yes, firearms offense if record of conviction shows defendant used firearm and firearm meets federal definition Alternate pleas and practice tips Keep sentence under one year; Keep any reference to intent to commit CIMT and firearm out of record of conviction Probably not Probably, under (F) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep sentence under one year; Plead to misdemeanor Keep sentence under one year; Keep loss to victim under $10,000 20 Offense 18.2-152.6 Theft of computer services CIMT Yes CRIMES INVOLVING FRAUD 18.2-168 Yes Forging public records 18.2-171 Making or having anything designed for forging any writing Yes Aggravated felony Probably, under (G) if sentence imposed is at least one year; Probably, under (M) if loss to victim exceeds $10,000 Crime relating to a controlled substance Other immigration consequences Yes, under (R) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 Yes, under (R) if sentence imposed is at least one year; Probably, under (M) and (U) if loss to to victim exceeds $10,000 “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep loss to victim under $10,000 Keep sentence under one year; Keep loss to victim under $10,000 Keep sentence under one year; Keep loss to victim under $10,000 21 Offense CIMT 18.2-172 Forging, uttering, etc. other writings Yes 18.2-173 Having in possession forged coin or bank notes Yes 18.2-178 Obtaining money by false pretense Yes 18.2-178 Obtaining signature by false pretense Yes Aggravated felony Yes, under (R) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 Yes, under (R) if sentence imposed is at least one year; Probably, under (M) and (U) if loss to victim exceeds $10,000 Yes, under (M) if loss to victim exceeds $10,000 Crime relating to a controlled substance Other immigration consequences Yes, under (M) if loss to victim exceeds $10,000; Yes, under (R) if sentence imposed is at least one year “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep loss to victim under $10,000 Keep sentence under one year; Keep loss to victim under $10,000 Keep loss to victim under $10,000; Keep sentence under one year because offense will probably be charged as aggravated felony theft offense Keep loss to victim under $10,000; Keep sentence under one year 22 Offense CIMT Aggravated felony Yes, under (M) and (U) if loss to victim exceeds $10,000 Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Keep loss to victim under $10,000; Keep sentence under one year because offense will probably be charged as aggravated felony theft offense Keep loss to victim under $10,000 18.2-181; 18.2-181.1 Issuing bad checks, larceny Yes 18.2-186.2 False statements or failure to disclose material facts in order to obtain housing benefits 63.2-522 False statements to obtain public assistance 63.2-523 Unauthorized use of food stamps, benefit transfer cards, etc. 18.2-186.3(A)(1); (B)(1) Identity theft Yes Yes, under (M) and (U) if loss to victim exceeds $10,000 Yes Yes, under (M) if loss to victim exceeds $10,000 Keep loss to victim under $10,000 Yes Yes, under (M) if loss to victim exceeds $10,000 Keep loss to victim under $10,000 Yes Yes, under (M) if loss to victim exceeds $10,000; Probably, under (G) if sentence imposed is at least one year Keep loss to victim under $10,000; Keep sentence under one year “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 23 Offense CIMT 18.2-186.3 (A)(2);(A)(3);(A)(4); (B)(2); (B)(3) Identity theft Yes 18.2-192 Credit card theft Yes 18.2-193 Credit card forgery Yes 18.2-195(1)(a) Credit card fraud Yes 18.2-195(1)(b); (1)(c); 2(c) Credit card fraud Yes Aggravated felony Yes, under (M) if loss to victim exceeds $10,000; Probably not, under (G) if sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Yes, under (G) if sentence imposed is at least one year Yes, under (R) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 Yes, under (M) if loss to victim exceeds $10,000; Probably, under (G) if sentence imposed is at least one year Yes, under (M) if loss to victim exceeds $10,000 “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep loss to victim under $10,000; Keep sentence under one year because offense will likely be charged as aggravated felony theft offense Keep sentence under one year Keep sentence under one year; Keep loss to victim under $10,000 Keep sentence under one year; Keep loss to victim under $10,000 Keep loss to victim under $10,000 24 Offense CIMT 18.2-195(1)(d) Credit card fraud Yes 18.2-195(2)(a); (2)(b) Credit card fraud Yes 18.2-197 Criminally receiving goods and services fraudulently obtained Yes 18.2-204.1 Fraudulent use of birth certificates, drivers’ licenses Yes Aggravated felony Yes, under (M) if loss to victim exceeds $10,000; Probably not, under (G) if sentence imposed is at least one year Yes, under (M) if loss to victim exceeds $10,000; Possibly, under (G) and (U) if sentence imposed is at least one year Yes, under (G) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 Probably under (M) if loss to victim exceeds $10,000 Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Keep loss to victim under $10,000; Keep sentence under one year because offense may be charged as aggravated felony theft offense Keep loss to victim under $10,000; Keep sentence under one year Keep sentence under one year; Keep loss to victim under $10,000 Yes, firearms offense if conviction under (C) and firearm meets federal definition “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep loss to victim under $10,000; Keep firearms out of record of conviction 25 Offense CIMT 18.2-204.2(A) Manufacture, sale, etc. of fictitious identification Yes 18.2-204.2(C) Possession of fictitious identification Yes, if record of conviction shows possession with intent to use Aggravated felony Yes, under (P) if document is immigration document or passport, sentence imposed is at least one year, and not first-time offense for purpose of aiding spouse, child or parent Yes, under (P) if document is immigration document or passport, sentence imposed is at least one year, and not first-time offense for purpose of aiding spouse, child or parent Crime relating to a controlled substance Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep type of document out of record of conviction; Keep sentence under one year Keep type of document out of record of conviction; Keep sentence under one year 26 Offense 18.2-206 Procuring animal, aircraft, vehicle or boat with intent to defraud CIMT Yes Aggravated felony Yes, under (M) if loss to victim exceeds $10,000 CRIMES INVOLVING CONTROLLED SUBSTANCES 18.2-248.1(a)(1); (b) Probably Probably not, Gift or distribution or under (B) if possession with intent record of to give, distribute less conviction does than ½ oz. marijuana not show or of small amount as remuneration accommodation only 18.2-248.1(a)(2); Probably Yes, under (B) (a)(3); (c) Sale, gift, distribution, or possession with intent to sell, give or distribute controlled substance Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Keep loss to victim under $10,000; Keep sentence under one year because offense will probably be charged as aggravated felony theft offense Yes Keep reference to remuneration out of record of conviction Yes Plead to 18.2248.1(a)(1) or accommodation only section and keep reference to remuneration out of record of conviction “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 27 Offense CIMT Crime relating to a controlled substance Yes Yes Aggravated felony Probably not, under (B) if previous conviction not aggravated felony and subsequent conviction record does not contain previous record Yes, under (B) 18.2-248.1(d) Subsequent offense for above- mentioned acts Probably 18.2-248.01 Transporting controlled substances into Commonwealth 18.2-248.5 Manufacture, sell, give, distribute, or possess with intent to distribute illegal stimulants and steroids 18.2-250 Simple possession of a controlled substance 18.2-250.1 Possession of marijuana (first offense) Yes Yes, under (B) Yes Probably No Yes Yes No No, if possession of 30 grams or less of marijuana Other immigration consequences Alternate pleas and practice tips If previous conviction is not aggravated felony, keep records of previous conviction out of record of conviction Yes “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Plead to 18.2-250.1 for 30 grams or less of marijuana Plead to possession of 30 grams or less of marijuana or keep amount of marijuana out of record of conviction 28 Offense 18.2-250.1 Second offense for simple possession 18.2-251.2 Possession or distribution of flunitrazepam 18.2-251.4 Defeating drug screening tests 18.2-251.4 Defeating alcohol screening tests 18.2-255(A)(i); (A)(ii) Distribution of certain drugs to minors or causing minors to assist in distribution CIMT Crime relating to a controlled substance Yes Probably Aggravated felony Probably not, under (B) if conviction record from first offense is not part of record of conviction Yes, under (B) Probably Probably not Probably Probably Probably not No Probably Yes, under (B) Yes Yes Other immigration consequences Alternate pleas and practice tips Keep previous record for simple possession out of record of conviction Yes “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 29 Offense CIMT 18.2-255(B)(i); (B)(ii) Distribution of imitation drugs to minors or causing minors to assist in distribution Probably 18.2-255.1 Distribution, sale or advertisement of paraphernalia to minor 18.2-255.2 Sale of drugs near certain properties Probably 18.2-255.2 Sale of imitation drugs near certain properties Probably 18.2-258 Keeping drug house Probably Probably Aggravated felony Probably, under (M) if loss to victim exceeds $10,000; Probably not, under (B) if actual substance is not controlled substance Yes, under (B) Crime relating to a controlled substance Probably Other immigration consequences Alternate pleas and practice tips Keep record clean if imitation drug is actually a federal controlled substance; Keep loss to victim under $10,000 Yes, under (B) if sold near properties described in federal offense Probably not, under (B) if actual substance is not controlled substance Probably, under (B) Yes Keep record clean of where drugs were sold Probably Keep record clean if imitation drug is actually a federal controlled substance Probably Probably “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 30 Offense 18.2-258.1 Obtaining drugs by fraud, deceit, or forgery CIMT Yes 54.1-3466 Possession of controlled paraphernalia 54.1-3466 Distribution of controlled paraphernalia Probably 18.2-265.3(A); (B) Sale or possession with intent to sell drug paraphernalia; Sale of drug paraphernalia to minors 18.2-265.3(C) Distribution of paraphernalia to minors Probably Probably Probably Aggravated felony Yes, under (B); Yes, under (M) if loss to victim exceeds $10,000; Yes, under (R) if forgery sections and sentence imposed is at least one year No Crime relating to a controlled substance Yes Other immigration consequences Alternate pleas and practice tips No, under (B) if record of conviction does not show remuneration Yes Yes Keep reference to remuneration out of record of conviction Yes Plead to 18.2265.3(C) and keep reference to remuneration out of record of conviction No, under (B) if record of conviction does not show remuneration Yes Keep reference to remuneration out of record of conviction Yes “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 31 Offense CIMT Aggravated felony Probably, under (B) and (U) Crime relating to a controlled substance Probably 18.2-265.5 Advertisement of drug paraphernalia DRIVING OFFENSES 18.2-51.4 Maiming as a result of DUI Probably Yes No Yes, if record of conviction shows driving under the influence of a controlled substance 18.2-266 Simple DUI No No Yes, if record of conviction shows driving under the influence of a controlled substance 46.2-341.24 DUI commercial vehicle No No Yes, if record of conviction shows driving under the influence of a controlled substance 18.2-268.3 Refusal to take test when previously convicted of DUI No No No Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep reference to driving under the influence of a controlled substance out of record of conviction Keep reference to driving under the influence of a controlled substance out of record of conviction Keep reference to driving under the influence of a controlled substance out of record of conviction 32 Offense CIMT 18.2-270 Subsequent offense DUI No Aggravated felony No Crime relating to a controlled substance Yes, if record of conviction shows driving under the influence of a controlled substance 18.2-272 Driving after forfeiture of license No No Yes, if record of conviction shows driving under the influence of a controlled substance 46.2-300 Driving without license 18.2-323.1 Drinking while driving; possession of open container while driving 46.2-357(B)(1); (B)(2) Driving while habitual offender; Driving while habitual offender and driving endangers life, limb, or property No No No No No No No No Possibly, if underlying offense involved driving under the influence of a controlled substance Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep reference to driving under the influence of a controlled substance out of record of conviction Keep reference to driving under the influence of a controlled substance out of record of conviction Keep reference to driving under the influence of a controlled substance out of record of conviction 33 Offense CIMT 46.2-357(B)(2) Committing certain DUI while habitual offender Yes Aggravated felony No Crime relating to a controlled substance Yes, if record of conviction shows driving under the influence of a controlled substance 46.2-852 Reckless driving 46.2-853 Driving vehicle that is not under control 46.2-894 Failure to report an accident after property damage 46.2-894 Failure to report an accident after bodily injury 46.2-895 Passenger failure to report an accident after property damage 46.2-895 Passenger failure to report an accident after bodily injury No No No No No No No No No Probably No No No No No Possibly No No Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep reference to driving under the influence of a controlled substance out of record of conviction Plead to failure to report after property damage Plead to failure to report after property damage 34 Offense CIMT Aggravated Crime relating to a Other immigration felony controlled substance consequences CRIMES INVOLVING MORALS AND DECENCY/CRIMES AGAINST PUBLIC ORDER 18.2-346 Yes Probably under Yes, inadmissible Being a prostitute or (A) if facts show for engaging in prostitution minor was prostitution within involved in 10 years of prostitution admission 18.2-370 Yes Yes, under (A) Yes, child abuse Indecent liberties offense 18.2-370.1 Yes Yes, under (A) Yes, child abuse Indecent liberties by offense person in custodial or supervisory relationship 18.2-371(i) No No Possibly offense Contributing to the relating to child delinquency of a abuse, minor by rendering abandonment, or child in need of neglect supervision “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips 35 Offense 18.2-371(i) Contributing to the delinquency of a minor by rendering child delinquent 18.2-371(i) Contributing to the delinquency of a minor by rendering child abused or neglected by omission that causes injury 18.2-371(i) Contributing to the delinquency of a minor by rendering child abused or neglected by infliction of injury CIMT Probably not, unless act committed by child is CIMT Yes Yes Aggravated felony Possibly, under (F) if delinquent act by child is crime of violence and sentence imposed is at least one year; Probably, under (A) if delinquent act by child is sexual act No Yes, under (F) if inflicts or threatens to inflict physical (not mental) injury and sentence imposed is at least one year Crime relating to a controlled substance Other immigration consequences Possibly offense relating to child abuse, abandonment, or neglect Alternate pleas and practice tips Keep reference to child’s commission of CIMT or crime of violence out of record of conviction Yes, offense relating to child abuse, abandonment, or neglect Plead to 18.2371(i), contributing by rendering a child in need of supervision Yes, offense relating to child abuse, abandonment, or neglect Plead to 18.2371(i), contributing by rendering a child in need of supervision “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 36 Offense CIMT 18.2-371(i) Contributing to the delinquency of a minor by failing to provide necessary care 18.2-371(i) Contributing to the delinquency of a minor by abandoning such child 18.2-371(i) Contributing to the delinquency of a minor by allowing sexual act to be committed on child 18.2-371(i) Contributing to the delinquency of a minor by rendering child abused or neglected by unreasonable absence Probably Aggravated felony No Probably No Yes Yes, under (A) Probably not No Crime relating to a controlled substance Other immigration consequences Yes, offense relating to child abuse, abandonment, or neglect Yes, offense relating to child abuse, abandonment, or neglect Yes, offense relating to child abuse, abandonment, or neglect Alternate pleas and practice tips Plead to 18.2371(i), contributing by rendering a child in need of supervision Plead to 18.2371(i), contributing by rendering a child in need of supervision Plead to 18.2371(i), contributing by rendering a child in need of supervision Yes, offense relating to child abuse, abandonment, or neglect “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 37 Offense CIMT 18.2-371(i) Contributing to the delinquency of a minor by knowingly leaving the child with an unrelated person whom the parent knows is a convicted sex offender 18.2-371(i) Contributing to the delinquency of a minor by rendering child in need of services 18.2-371(ii) Engaging in consensual sexual intercourse with a child 18.2-371.1(A) Abuse or neglect of children by willful ommission that causes injury Probably not Aggravated felony No Probably Crime relating to a controlled substance Other immigration consequences Possibly offense relating to child abuse, abandonment, or neglect Alternate pleas and practice tips No Yes, offense relating to child abuse, abandonment, or neglect Plead to 18.2371(i), contributing by rendering a child in need of supervision Yes Yes, under (A) Yes No Yes, offense relating to child abuse, abandonment, or neglect Yes, offense relating to child abuse, abandonment, or neglect Plead to 18.2371(i), contributing by rendering a child in need of supervision Plead to 18.2371(i), contributing by rendering a child in need of supervision or plead to 18.2-371.1(B) “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). 38 Offense CIMT Aggravated felony Probably, under (F) if sentence imposed is at least one year 18.2-371.1(A) Abuse or neglect of children by willful act that causes injury Yes 18.2-371.1(B) Abuse or neglect of children by reckless act that does not cause injury 18.2-374 Production, publicatio n, sale, possession, etc. of obscene items 18.2-374.1 Production, publication, sale, possession with intent to distribute, financing, etc. of child pornography 18.2-374.1:1(A) Possession of child pornography No No Probably not Possibly under (I) if facts shows child pornography Probably Yes, under (I) Probably Yes, under (I) Crime relating to a controlled substance Other immigration consequences Yes, offense relating to child abuse, abandonment, or neglect Yes, offense relating to child abuse, abandonment, or neglect “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Plead to 18.2371(i), contributing by rendering a child in need of supervision or plead to 18.2-371.1(B); Keep sentence under one year Plead to 18.2371(i), contributing by rendering a child in need of supervision 39 Offense 18.2-387 Indecent exposure 18.2-288 Profane swearing and public intoxication 18.2-405 Rioting CIMT Probably No Aggravated felony Probably, under (A) if indecent exposure to a minor No Probably not Probably, under (F) if sentence imposed is at least one year 18.2-406 Unlawful assembly Probably not No 18.2-415 Disorderly conduct No No 18.2-416 Abusive language No No Crime relating to a controlled substance Other immigration consequences Alternate pleas and practice tips Yes, firearms offense if record of conviction shows firearm and firearm meets federal definition Yes, firearms offense if record of conviction shows firearm and firearm meets federal definition Keep sentence under one year; Keep reference to firearm out of record of conviction “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Keep reference to firearm out of record of conviction 40 Offense CIMT Aggravated felony No Crime relating to a controlled substance Other immigration consequences 18.2-427 Probably not Use of profane, threatening or indecent language over airways CRIMES AGAINST THE ADMINISTRATION OF JUSTICE 18.2-434 Yes Yes, under (S) if Perjury sentence imposed it at least one year; Yes, under (M) if loss to victim exceeds $10,000 18.2-438 Yes Yes, under (S) if Bribes to officers or sentence imposed candidates for office is at least one year 18.2-460(A) Probably not Possibly, under Obstruction of justice (S) if offense without force or meets federal threats definition and sentence imposed is at least one year “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep loss to victim under $10,000 Keep sentence under one year Keep sentence under one year; Keep record of conviction clean of type of offense 41 Offense CIMT 18.2-460(B) Obstruction of justice through threats or force Probably 18.2-460(C) Obstruction of justice through threats of bodily harm or force Probably 18.2-460(D) Obstruction of justice through false statements Yes Aggravated felony Probably, under (F) if sentence imposed is at least one year; Possibly, under (S) if offense meets federal definition and sentence imposed is at least one year Probably, under (F) if sentence imposed is at least one year; Possibly, under (S) if offense meets federal definition and sentence imposed is at least one year Probably, under (S) if sentence imposed is at least one year; Yes, under (M) if loss to victim exceeds $10,000 Crime relating to a controlled substance Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Keep record of conviction clean of type of offense Keep sentence under one year; Keep record of conviction clean of type of offense Keep sentence under one year; Keep loss to victim under $10,000 42 Offense 18.2-478 Escape from jail or custody by force or violence without setting fire to jail 18.2-479 Escape from jail or custody without force or violence or fire 18.2-479.1(A) Resisting lawful arrest by intentionally preventing officer from arresting 18.2-479.1(B) Resisting lawful arrest by intentionally fleeing from officer 18.2-817 Disregarding signal by law enforcement officer to stop 4.1-322 Possession/drinking alcoholic by interdicted persons CIMT Probably Aggravated felony Yes, under (F) if sentence imposed is at least one year; Probably, under (S) if sentence imposed is at least one year Probably not Probably not Probably not Probably Probably not Plead to 18.2479.1(A) Probably Probably not Plead to 18.2479.1(A) No No Yes Crime relating to a controlled substance Other immigration consequences “CIMT” is a crime involving moral turpitude. The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U). Alternate pleas and practice tips Keep sentence under one year; Plead to 18.2-479 43